Louisiana Lawyer Blog

Blake R. David and Reed K. Ellis secure $2.4 Million Settlement for client in product liability case

November 5, 2024 | by Broussard, David & Moroux

A 63-year-old married mother of two, suffered an aggravation of her back and neurological condition after a medical device collapsed in her spine, leading to nerve damage in her arms and legs and severe muscle spasms. After her initial back surgery where the medical device was implanted, our client underwent a revision surgery, in addition to a series of injections and physical therapy.

Before the initial surgery, the client was hoping to recover in time to walk into her son’s graduation several months post-surgery. Her treating physicians recommended that she would require pain management, ongoing evaluations, future medical care, medications, and therapeutic services in the future due to the failed medical device.

The defendant vigorously disputed liability, medical causation, and damages with various liability and medical experts. The device had never been recalled, and the opposing expert witnesses denied that the device malfunctioned or collapsed at all. However, after mediation and on the eve of trial, the defendant settled the case for $2.4 million.

Broussard, David & Moroux Sees an Increase in Auto Accident Injury Clients Each October

October 31, 2024 | by Broussard, David & Moroux

October 2023 witnessed a tragic 158-vehicle pileup on I-55 in Louisiana, triggered by dense fog. This incident highlights a troubling trend: October is often the month with the highest number of car accidents. While the National Highway Traffic Safety Administration (NHTSA) identifies the summer months as the “100 Deadliest Days,” October’s unique challenges can’t be overlooked.

Several factors contribute to the rise in fatal auto-accidents this time of year. As days shorten, driving after dark becomes more common, increasing the likelihood of accidents. Additionally, wet leaves and unpredictable weather can create hazardous driving conditions.

To help you navigate fall safely, consider these tips:

Jerome H. Moroux and Emily C. Borgen obtain significant settlement in tragic wrongful death case

October 7, 2024 | by Jerome H. Moroux

On September 15, 2020, our 16-year-old client collapsed at high school football practice and died three days later from multiple organ failure caused by heat stroke. Although coaches and athletic trainers were present during the incident, they failed to follow generally accepted procedures for treatment of heat stroke, and lacked the necessary medical equipment to properly treat our client.

Jerome Moroux represented our client’s bereaved mother in her lawsuit against the school district and athletic trainers. During the case, we learned that the district failed to identify potential risks for larger players and did not properly acclimate them to the heat after resuming practices that had been delayed for several weeks due to the pandemic. The plaintiff collapsed just one day after the team began practicing in full pads.

With the help of his paralegals and Emily Borgen, Jerome’s efforts ultimately led to a substantial settlement for our client’s mother. While nothing could heal the loss of her son, Jerome remained persistent and passionate about obtaining justice for the family. Our firm possesses a strong conviction in fighting for our clients and what is right. We are deeply passionate about the cases brought into our office, which drives us to achieve the best results possible.

Derek Aswell and John Alford’s Collaboration Leads to $1.5 Million Settlement for Injured Engineer

September 18, 2024 | by Broussard, David & Moroux

Attorneys Derek Aswell from our Lafayette office and John Alford from our Covington office joined forces to represent a sixty-year-old engineer who was injured on a vessel. Their combined expertise and resources resulted in a $1.5 million settlement for our client three days into jury trial.

The plaintiff, a newly employed engineer, was assigned to grease the anchor on the bow of a vessel during a night shift. While performing his duties, he slipped and fell on the grating that covered the anchor hole which caused a neck and spinal cord injury. As a new employee (but a long-time engineer on vessels), he was unfamiliar with the ship’s layout. He testified that the deck was cluttered with rope, and the grating was ill-fitted and dilapidated, which contributed to his fall.

Derek and John uncovered evidence that, within a week of the plaintiff’s employment, a fire in the engine room had disabled the ship’s electricity. Although temporary lighting was provided in some areas of the ship, there was no active lighting on the bow, which further contributed to the hazardous conditions and his unwitnessed fall . Defendant argued he had the experience to stop work if he thought it was unsafe.

Blake R. David and Reed K. Ellis obtain $2M Settlement for Client Rear-ended in Vermilion Parish

August 28, 2024 | by Broussard, David & Moroux

On June 12, 2020, our client was on his delivery route as a local beverage distributor in Vermilion Parish, Louisiana, when his work vehicle was rear-ended by another truck which pushed him into the stopped car immediately in front of him. As a result, he sustained significant physical and mental injuries, including a documented traumatic brain injury, resulting in ongoing psychotherapy, medication dependency, and injection therapy.

Before the incident, the plaintiff was a healthy father and husband with goals to advance his career into upper management. Though he continued to work at a reduced capacity with the same employer, his treating physicians concluded that he was permanently impaired from this crash and required job accommodations and substantial future medical care.

Blake and Reed remained steadfast in their pursuit of justice for our client, meticulously gathering the evidence needed to build our client’s case. Their efforts ultimately led to a settlement of policy limits of $2 million before mediation or trial. The firm takes great pride in meeting our clients where they are and assisting them during difficult times. Service is one of the firm’s core values, and that service is epitomized by the selflessness and dedication shown by our attorneys and staff daily in thier relentless pursuit of justice in this case.

Blake R. David’s $5.4 Million Win for Maritime Client Under the Jones Act

August 19, 2024 | by Broussard, David & Moroux

Maritime law governs activities on navigable waters and includes the Jones Act, a sector specifically created to protect seamen. The Jones Act federally regulates maritime commerce in the United States and, although originally intended to protect seamen, its effectiveness has eroded over the years due to various factors. Today, seamen face a perilous landscape if they are injured due to a company’s negligence while aboard a vessel.

Despite this challenging environment, our partner Blake David continues to represent clients in maritime cases that are covered by the Jones Act. Blake has moderated and lectured at many Louisiana maritime conferences over the last two decades, including the Louisiana Association for Justice’s(LAJ) High Stakes on the High Seas Maritime Law Conference and the Louisiana State Bar Association’s Admiralty Symposium (where Blake is chair). Blake and Jerome Moroux have served as the LAJ Maritime Section chair multiple times. This year, Blake was recognized by Acadiana Profile magazine as a 2024 Top Lawyer in Maritime Law. He, along with all the attorneys at Broussard, David & Moroux, continues to seek justice for our clients.

Blake represented our client who was seriously injured on a vessel due to the company’s negligence. The incident occurred when our client was working offshore, and the vessel collided with a piling, causing him to slam into the cab of the boat. The pilot coworker onboard was distracted and speeding.

John & Blair Alford Obtain $4 Million for Client Severely Injured by Impaired Driver

August 7, 2024 | by Broussard, David & Moroux

The Broussard, David & Moroux office in Covington continues to expand with notable client case wins. As a testament to the success of our new office, attorneys John and Blair Alford secured a $4 million settlement for our client who was severely injured in a motor vehicle accident.

Our client was traveling on Highway 190 when an intoxicated driver was speeding and collided into the rear-end of their vehicle. At the time of the collision, the defendant displayed clear signs of drug impairment and admitted to drug use that same day. Further investigation confirmed that the defendant was under the influence of fentanyl and was performing job-related duties while operating the vehicle. As a result of the crash, our client required extensive medical treatments for their injuries.

The case continued to develop as John and Blair strategically reinforced evidence indicating that the employer was aware of the defendant’s drug addiction and had failed to enforce company policies and procedures. Their case against both the company and the defendant continued to strengthen as mediation approached.

Derek Aswell successfully obtained $2.5 million for client left with catastrophic injuries

July 19, 2024 | by Broussard, David & Moroux

Our attorney, Derek Aswell, recently obtained $2.5 Million for his client in a products liability case. The client is still recovering from extreme injuries due to a machine malfunction on the job site but received favorable compensation thanks to Derek’s thoroughness on the case.

The plaintiff involved was a superintendent equipment operator who was subcontracted to crush rocks for a wind turbine farm in Texas. The cause of the accident occurred when rock material obstructed the machine which prevented it from operating properly. The plaintiff powered off the crushing chamber before attempting to clear the obstruction, but the rotor of the machine suddenly free- spun, sending the plaintiff through the crushing chamber. This incident caused horrific and life-threatening injuries.

Thanks to Derek and his team’s hard work and excellence on the case, he helped his client hire experts in design and biomechanics to prove the machine was dangerously designed and that the injuries were caused by the chamber. The case ultimately resulted in a $2.5 Million settlement for the plaintiff.

What is “Tort”? – Legal Word of the Month

July 11, 2024 | by Broussard, David & Moroux

At first glance, “tort” may sound like a strange word, but it is an essential term to understand in the legal space.

In the legal realm, a “tort” refers to any wrong or injury imposed by one person or entity onto another. A tort is classified as a civil wrong (as opposed to criminal) that can be inflicted intentionally or unintentionally. Examples include assault or a car accident due to negligence.

Personal injury law is a subcategory of tort law where a person is injured due to another’s unintentional actions or negligence. Other subcategories of tort include automobile accidents, medical malpractice, and premises liability. Tort law defines the rights of individuals and the responsibility of each person to treat others with fairness in society. It ensures if you are injured due to someone’s negligence, you have a right to receive compensation.

Richard Broussard Inducted into the 2024 Lafayette Bar Association Hall of Fame

July 10, 2024 | by Broussard, David & Moroux

UPDATED 7/11/2024- Richard C. Broussard, a founding partner at Broussard, David & Moroux, focusing in personal injury practice, has been selected for the Lafayette Bar Association (LBA) Hall of Fame class for 2024.

Broussard’s induction into the LBA Hall of Fame is a recognition of his exemplary career as an attorney, dedicated service to the community, and participation in the Bar. The Lafayette Bar’s recognition also states the purpose is to award those attorneys and members who exemplified the Lafayette Parish legal community’s rich tradition of producing highly skilled lawyers and community servants.

“Richard is our firm’s North Star. The way he practices law—his unwavering pursuit of justice; his attention to detail; his integrity—embodies the standard by which all of us here at the firm measure ourselves. This well-deserved honor means that the community sees Richard the way we all do here. We are so proud of him.” said Jerome Moroux, partner at Broussard, David & Moroux.